CF Rules 49अध्याय VI · Reference of Dispute

धारा 49 · Procedure for hearing and decision of dispute

(1)

The Registrar or his nominee shall record in the official language in vogue in the State, the evidence of the parties to the dispute and the witnesses who attend, open the evidence so recorded and upon consideration of any documentary evidence produced by the parties, a decision shall be given him in writing. Such decision shall be pronounced in the open court, either at once or as soon as may be practicable on some future day, of which due notice shall be given to the parties.

(2)

Where neither party appears when the dispute is called out for hearing, the Registrar or his nominee may make an order that it be dismissed for default.

(3)

Where the opponent appears and the disputant does not appear when the dispute is called out for hearing, the Registrar or his nominee may make an order that the dispute be dismissed, unless the opponent admits the claim or a part thereof, in which case the Registrar or his nominee, as the case may be, may make an order against the opponent upon such admission, and where, part only of the claims is admitted may dismiss the dispute in so far as it relates to the remainder.

(4)

Where the disputant appears and the opponent does not appear when the dispute is called out for hearing, then if the Registrar or his nominee is satisfied from the record and the proceeding that the summons was duly served, the Registrar or his nominee may proceed with the dispute ex parte where the summons is served by any officer of the Registrar or his nominee, he shall make his report of service on oath.

(5)

The Registrar or his nominee may not ordinarily grant more than two adjournments to each party to the dispute at his request. The Registrar or his nominee may, however, at his discretion grant such further adjournments on payment of such costs to the other side and such fees to the Registrar or his nominee as the Registrar or his nominee as the case may be, may direct.

(6)

Any party to a dispute may apply for and obtain a certified copy of any order, judgment or award made by the Registrar or his nominee on payment of copying fees at the rate prescribed in Appendix II.

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